Missouri Lawmakers Approve Bill Reinstating Medical Malpractice Caps

March 12, 2013
A bill placing limits on the amount of civil damages that can be awarded to a victim for pain and suffering in a Missouri Medical Malpractice case has moved one step closer to approval. Three Rivers Publishing released an article that said the Missouri House Health Committee had passed the bill with a 7-3 vote.

The joint resolution calls for non-economic damages awarded in a lawsuit not to exceed $350,000. These damages are any award given for an immeasurable loss of quality of life, loss of a loved one, or pain. Two other bills currently before the Senate would also make proving liability in a medical malpractice case more difficult.

Proponents of the law say the changes will improve the quality of care patients receive and lower costs associated with care by decreasing prices paid for medical malpractice insurance. The Missouri Supreme Court has found similar measures illegal in the past though. The court ruled this past July that such limits impede a jury’s fact-finding role, and therefore, violated a person’s right to trial by jury.

Currently, there are a total of 28 states that have similar damage caps on the books.

The St. Louis Personal Injury Lawyers with Cofman Townsley are aware the changes, if approved, may make it more important than ever before to have a qualified attorney by your side when filing a medical malpractice claim.